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Home My WebLink AboutBIL 112 Draft 01 2016-2018PC -20 BILLS FOR ORDINANCES March 13, 2018 Bill 109: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL —15,000 SQUARE FEET (RS -15) TO SINGLE FAMILY RESIDENTIAL —10,000 SQUARE FEET (RS -10) AT WAIAKEA HOMESTEADS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-010:028 (Applicant: OYS Properties, LLC) (Area: approx. 21,815 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two lots. The applicant intends to build a new dwelling on the newly created lot and retain the existing dwelling on the other lot. Reference: Comm. 753 Intr. by: Ms. Eoff (B/R) RECOMMENDED PASSAGE ON FIRST READING: Ayes: Committee Members Chung, David, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair Eoff — 8. Noes: None. Absent: Committee Member Kanuha — 1. Excused: None. Bill 112: AMENDS CHAPTER 25, ARTICLES 1 AND 5, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ROOSTER FARMS Defines and adds "rooster farms" as a permitted use in the Agricultural (A) and Intensive Agricultural (IA) zoning districts, provided that the requirements of the Department of Health are met and that enclosures used to keep or exercise the roosters are located at least 75 feet from any lot line. A "rooster farm" would be defined as any parcel of land or facility where more than four roosters are maintained. Reference: Comm. 765 Intr. by: Ms. O'Hara FAILED DUE TO LACK OF SECOND Page 2 OJ�SV Di N� 4,• J �oo COUNTY OF HAWAII STATE OF HAWAII BILL NO. 112 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1 AND 5, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ROOSTER FARMS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and purpose. The council finds that rooster farms have become established in many communities in Hawaii County. Unlike chicken farms, that produce eggs, hide, feathers, or meat, most rooster farms exist for the sole purpose of breeding and raising roosters for cock -fighting - an activity that is illegal in all fifty states. Because raising roosters is a noisy and smelly endeavor, rooster farms can have a detrimental effect on the occupants and land values of surrounding properties. Accordingly, the purpose of this ordinance is to alleviate the nuisance, and resultant reduction in property value, caused by rooster farms by identifying where and under what conditions they are allowed in Hawaii County. SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by adding the following definitions to subsection (b), to be appropriately inserted and to read as follows: ""Rooster" means a male chicken over the age of four months." ""Rooster farm" means any parcel of land or facility where more than four roosters are tethered, caged, or otherwise maintained." SECTION 3. Chapter 25, article 5, division 7, section 25-5-72 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, (excluding rooster farms), provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. (18) Public uses and structures which are necessary for agricultural practices. (19) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. (21) Roadside stands for the sale of agricultural products grown on the premises. (22) Rooster farms provided that: (A) The requirements of the department of health are met; and (B) Any house, teepee, run, hutch, or other enclosure for the keeping or exercising of any rooster is located at least seventy-five feet from any lot line. (L31 Utility substations, as permitted under section 25-4-11. [(2-3-)](L4J Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. [(24)] 25 Veterinary establishments. [(2-5)](261 Wind energy facilities." SECTION 4. Chapter 25, article 5, division 8, section 25-5-82 of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The following uses shall be permitted in the IA district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. Oil (3) Agricultural tourism as permitted under section 25-4-15. (4) Aquaculture. (5) Cemeteries, as permitted under chapter 6, article 1 of this Code. (6) Crop production. (7) Farm dwellings, as permitted under sections 25-5-87(b) and (c). (8) Forestry. (9) Livestock production, (excluding rooster farms), proved that piggeries, apiaries., and pen feeding of livestock shall not be closer than one thousand feet to any major road or to any district other than the A district on building sites approved by the State department 'of health and director. (10) Public uses and structures, which are necessary for agricultural practices. (11) Rooster farms provided that: (A) The requirements of the department of health are met; and (B) Any house, teepee, run, hutch, or other enclosure for the keeping or exercising of any rooster is located at least seventy-five feet from any lot line. 12 Utility substations, as permitted under subsection 25-4-11." SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or application of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 7. This ordinance shall take effect upon approval. Rooster farms located within the A or IA districts that are in existence on the date of approval of this ordinance, shall have 180 days to comply with this ordinance. INTRODUCED BY: V COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 765